logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.12.12 2018고단3468
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a cargo vehicle of C1 ton.

On July 29, 2018, the Defendant driven the above cargo vehicle around 14:10, while proceeding one lane in front of the E, which is located in Daejeon Pungdong-gu D, with the front of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.

Nevertheless, the Defendant, by negligence going beyond the center line, led the victim F(56 years old)'s Gbenz car, which was proceeding in line with the direction of the course, to avoid the collision with the above cargo vehicle, avoided the vehicle to the right side and got a wooden fence installed on the right side of the road.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim, such as salt, tensions, etc., requiring medical treatment for about two weeks, and, at the same time, did not immediately stop the said benz car, and failed to take necessary measures, such as providing relief to the injured party, even though the 1,727,323 won was damaged to the said benz car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a traffic accident inspection report, on-site photograph, diagnosis certificate, and written estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the relevant crime under Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury) and Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after the injury);

1. Formal concurrence and the choice of punishment under Articles 40 and 50 of the Criminal Act, the choice of punishment by imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures (the sentencing criteria shall not be applied, because the crimes are commercial concurrent crimes, but reference shall be used);

1. The sentencing guidelines [the range of recommended punishment] shall be the special mitigation area (from March to one year) of the first type (the escape after the injury) after traffic accidents.

arrow